Sajid Javid
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European Union (Withdrawal) Act
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The Secretary of State for the Home Department (Sajid Javid)
It is a great pleasure for me to open this debate. I cannot think of a better way to celebrate my 49th birthday.
The coming weeks will be one of the most defining political periods not just of this Parliament or of our time as MPs, but since the second world war. I know that all hon. and right hon. Members will have the national interest at the very forefront of their minds. Next Tuesday, we will be asked whether we will support the Brexit deal of my right hon. Friend the Prime Minister. Each one of us will have to make that decision. It is my belief that the deal on the table is the best option available in ensuring a smooth exit from the European Union. It will ensure that we leave the EU, as planned, on 29 March next year, that we take back control of our borders, that we end the jurisdiction of the European Court of Justice in the UK and that we stop sending vast sums of money to Brussels. The deal will have a significant impact on two major areas of Home Office policy—security and immigration.
Nigel Dodds
I am very grateful to the Home Secretary. He has just mentioned taking back control and ending the jurisdiction of the European Court of Justice. I presume that he has seen the legal advice, published today, from the Attorney General, which makes it clear that, in fact, that is not the case in terms of the backstop, which he also says is indefinite. The advice says:
“NI remains in the EU’s Customs Union”—
not in some kind of customs arrangement—
“and will apply the whole of the EU’s customs acquis, and the Commission and CJEU will continue to have jurisdiction over its compliance with those rules”.
Northern Ireland will treat Great Britain as a third country. How can he possibly stand here and recommend this deal and say that it brings to an end the jurisdiction of the Court of Justice and takes back control?
Sajid Javid
I very much respect what the right hon. Gentleman has just said. He has shared it with the House on a few occasions, and I absolutely understand what he says. Let me just say from the outset: no one can pretend that this deal is perfect in every sense. Inevitably, there will be some compromises with this deal and with a number of objectives, including, as we have just heard from the Prime Minister in Prime Minister’s questions, a need to ensure that the commitments in the Good Friday agreement are upheld. What he is referring to is if—and it is an if—the backstop arrangement kicks in. He is right to point to the legal advice, but it is worth keeping in mind the fact that that situation does not necessarily arise, even if there is no final deal on the future arrangement by December 2020, because there is an opportunity for alternative arrangements, including extending the implementation period. Even if the backstop arrangement kicked in, he referred to, it is, at a minimum—legally from the European Union’s perspective—not sustainable because it is done under article 50 of the European Union’s own rules.
Mr Kenneth Clarke (Rushcliffe) (Con)
Does my right hon. Friend not accept that, if we are maintaining an open border where there is a land border, it can only be done in a modern economy by having some form of customs union applying to both sides of the border? Unless and until someone else comes forward with an alternative way of timelessly guaranteeing an open border, the arrangement proposed is the only conceivable one that is possible for the foreseeable future, until something better comes along. This was quite obvious months ago, and it is quite futile to start protesting about it now.
Sajid Javid
I always listen carefully to what my right hon. and learned Friend has to say on all matters. It is correct that this is one way to ensure, in that all-important border, completely frictionless trade, but I do not accept that it is the only way to do that. Although it is recognised in the agreement, under the backstop arrangement, that this is a way that clearly has been foreseen by this agreement, there are, as I said a moment ago, potentially other ways that that can be achieved, and it is right that we properly explore all possible alternative arrangements.
Sammy Wilson (East Antrim) (DUP)
Rather than listen to the advice of the Father of the House, will the Secretary of State listen to the advice of the Taoiseach of the Irish Republic, Mr Juncker and Michel Barnier in the EU and his own Government, all of whom have said that, in the event of a no deal or of any kind of deal, they would not impose a hard border between Northern Ireland and the Irish Republic, so, quite clearly, it must be possible to do this, despite the comments of the Father of the House.
Sajid Javid
What the right hon. Gentleman highlights is that it is important to listen to all voices. Again, it points to the fact that, although this is one arrangement, it is right that we look and continue to explore to see whether there are other arrangements that can lead to a more permanent and more easily acceptable outcome.
Several hon. Members rose—
Hilary Benn (Leeds Central) (Lab)
I thank the Home Secretary for giving way. The legal advice released this morning makes it clear that the protocol does not provide for a mechanism that is likely to enable the UK lawfully to exit the UK-wide customs union without a subsequent agreement. It goes on to say:
“This remains the case even if parties are still negotiating many years later, and if the parties believe that talks have clearly broken down and there is no prospect of a future relationship agreement.”
Does that not undermine the point that he made a moment ago when he argued that this arrangement was not sustainable in the long term because of the limitations of article 50? The advice of the Attorney General is that it is going to last.
Sajid Javid
I thank the right hon. Gentleman for his comments. No doubt he has had some time to digest the legal opinion, but he might also note that it is perfectly consistent with what the Attorney General said at this Dispatch Box earlier this week. He made it clear then that, naturally, what he is providing is legal analysis, but this should also been seen in the context of the politics of such a situation, and he set that out quite clearly as well on the day. I refer the right hon. Gentleman to the remarks that the Attorney General made on that point earlier this week.
John Redwood (Wokingham) (Con)
Will the Home Secretary confirm that if we approve the withdrawal agreement, the UK will have to pay a lot of money for many years after we have left the European Union, although there are no cash limits or numbers in the documents, and very general heads? Will he also confirm that the EU will have preponderant power in deciding just how vast this open-ended commitment will be, and that it will be massively more than £39 billion?
Sajid Javid
In the withdrawal agreement, there is an estimated amount that the UK will pay. It will not be instant; it is over a number of years. The general figure that has been talked of by Government Ministers and others is a total of £39 billion.
Joanna Cherry (Edinburgh South West) (SNP)
Will the Secretary of State give way?
Sajid Javid
I will come back to the hon. and learned Lady in a moment.
The Home Office is affected by this deal in two significant areas: security and immigration. Today I will set out what is on offer in these two important areas and why the deal is in the interests of the United Kingdom. Let me start with security. The Brexit deal negotiated by the Prime Minister delivers the solid foundation that we need for future security co-operation with our European partners. It avoids a cliff edge by providing for an implementation period, ensuring a smooth transition from current arrangements to a new, strong partnership.
An unplanned no-deal Brexit would mean an immediate and probably indefinite loss of some security capability, which, despite our best efforts, would likely cause some operational disruption when we leave. As Home Secretary, I know which option I would prefer. I have seen at first hand how important it is to have a strong security partnership with our European allies. I have seen the potential dangers that such co-operation prevents, and the security and safety that it ensures.
John Woodcock (Barrow and Furness) (Ind)
Of course, what the Home Secretary says about no deal is right, but the Chancellor has earned some respect for showing a level of candour this week by saying that there will be an economic trade-off with any form of Brexit. Will the Home Secretary be similarly open with the House and the public that there will be some form of security trade-off over Brexit in order to achieve the aims of the Brexiteers?
Sajid Javid
I point the hon. Gentleman to the assessment of the security arrangements in the deal that we published in quite some detail last week. I accept that, with this deal, security arrangements will inevitably be different because we will be a third country outside the EU, but I think we can safely say that it is the most comprehensive security agreement that the EU has with any third country.
Tim Loughton (East Worthing and Shoreham) (Con)
The Home Secretary has spent some time giving evidence to the Select Committee on Home Affairs recently on the subject of database access. Yesterday, the Prime Minister was questioned by a fellow member of the Committee, the hon. Member for Cardiff South and Penarth (Stephen Doughty), on the question of whether Schengen Information System II is included in the agreement. The Prime Minister stated that it is referred to in the political declaration, but paragraph 86 of the declaration only refers to passenger name record data and Prüm, not to SIS II, which is a vital database. Will the Home Secretary now put the House straight as to the exact situation with those databases?
Sajid Javid
I will happily do so, although I do not have the exact paragraph before me. In terms of the SIS II database, the document refers to the wanted and missing persons database. It also refers to another database—on European criminal records—in a similar vein. The declaration says that we will consider co-operation on those databases, but it does not guarantee that.
David Hanson (Delyn) (Lab)
Could the Secretary of State point me to the pages in the document that he has published that give guarantees on our continued membership of Europol, Eurojust and the European arrest warrant? As a former Home Office Minister, I can tell him that they are critical to the safety of our citizens, but they are absent from the document.
Sajid Javid
The agreement clearly refers to the mutual exchange of data on passenger name records, DNA, fingerprints, vehicle registrations and fast-track for extradition—which I will cover later in my speech—as well as continued co-operation with Europol and Eurojust.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I just want the Home Secretary to clarify his answer. I cannot find any reference to SIS II anywhere in the political declaration. I am very happy to give him my copy if he does not have one with him. As the hon. Member for East Worthing and Shoreham (Tim Loughton), who is also a member of the Home Affairs Committee, said, paragraph 86 refers only to passenger name record data and the Prüm database. It does not refer to SIS II. Will he clarify for the House that there is no reference to SIS II in the declaration?
Sajid Javid
I thank the right hon. Lady for the focus that her Select Committee has brought to this issue, including recently. Just to be clear, there is no claim that the document itself refers to the database as SIS II or to the European Criminal Records Information System database, for that matter. The document talks about considering continued co-operation on the kind of information that is in those databases. We will properly consider the matters to see whether there is a way to continue that type of co-operation.
Sajid Javid
I will give way to the right hon. Lady one more time as she is the Chair of the Home Affairs Committee.
Yvette Cooper
Paragraph 87 refers to considering further arrangements and arrangements that might
“approximate those enabled by relevant Union mechanisms.”
The SIS II database contains 76 million pieces of information. There is no sign that anybody is going to create another alternative database that contains just as much information, so what on earth does it mean to talk about approximating access to the SIS II database? Either we get access to it or we do not.
Sajid Javid
It means exactly what it says in paragraph 87, which is that we will “consider further arrangements” that will help the
“exchange of information on wanted or missing persons…and of criminal records”.
Give the right hon. Lady’s interest in these matters, she will be more aware than most Members of this House that we did not join this database until 2015. Before that, we were using other databases on wanted and missing persons, including the Interpol database, so there are other pieces of data that we can use for this type of information. However, it is good that we have an outcome whereby we will consider further co-operation on exactly this kind of important information.
James Heappey (Wells) (Con)
For all the concern that is being expressed by colleagues on both sides of the House, is the Home Secretary aware of a single Interior Minister or security agency chief around the whole EU who actually wants to reduce the level of co-operation that the UK currently has with the EU and the countries within it?
Sajid Javid
My hon. Friend makes a very good point. In all my discussions with Interior Ministers on security co-operation, I have not come across a single one who wants to reduce security co-operation. Every single one understands the mutual benefit that comes about through continued co-operation and information exchange.
The deal that the UK has reached with the EU will provide for the broadest and most comprehensive security relationship that the EU has ever had with another country. This agreement allows for our relationship to include various important areas of co-operation: continuing to work closely together on law enforcement and criminal justice; keeping people safe in the UK, across Europe and around the world through exchanging information on criminals and tackling terrorism; ensuring that we can investigate and prosecute those suspected of serious crime and terrorism; supporting international efforts to prevent money laundering and counter-terrorist financing; and combating new and evolving threats such as cyber-security. It also allows for joint working on wider security issues including asylum and illegal migration.
The declaration sets out that we should carry on sharing significant data and processes such as passenger name records, so that we can continue disrupting criminal networks involved in terrorism, serious crime and modern slavery; DNA, fingerprint and vehicle registration data, ensuring that law enforcement agencies can quickly investigate and prosecute criminals and terrorists; fast-track extradition to bring criminals to justice quickly where they have committed a crime; and continued co-operation with Europol and Eurojust.
Chris Bryant (Rhondda) (Lab)
The thing is that that is completely a wish list. It is all in the political declaration, but it is no more deliverable than a letter to Santa Claus—it really isn’t—because there is no settled policy on extradition, and no settled policy on a legal definition that could be delivered through the law courts on any of these elements. The proof of this is that the Government do not even have an immigration policy. It is all very well having a wish list, but how on earth could a serious Member of Parliament vote for nothing more than a wish list?
Sajid Javid
With regard to leaving the EU, the only wish list I am aware of that is worth nothing is Labour’s so-called six principles. That is the wish list that the hon. Gentleman has continually supported again and again. In this deal, specifically on security co-operation, there is, for example, an agreement on mutual exchange of data on passenger name records, DNA, fingerprints, vehicle registrations and fast-track extradition. He should go and explain to his constituents how important that is to them.
Kate Green (Stretford and Urmston) (Lab)
Can the Home Secretary confirm that if we are out of the European arrest warrant and unable to put any identical arrangement in place, a number of countries will be unable in future, under their own constitution, to extradite their nationals to this country?
Sajid Javid
We are not going to have an identical way of extradition in future because there is no need for an identical way. We will be outside the European Union, no longer a member, so it is not appropriate that we are members of exactly the current mechanism—the European arrest warrant. However, that does not mean that we cannot continue to co-operate through an agreement with the EU on fast and expeditious extradition procedures and fast-track extradition. That is in the agreement; it has been agreed.
Sajid Javid
No, I will not—I have to make some progress.
When it comes to external threats, we will be able to have an ambitious partnership on foreign policy, security and defence that will enable both sides to combine efforts for the greatest impact. It allows for ongoing co-operation on other important cross-cutting issues, including countering violent extremism and the spread of infectious diseases.
Of course, there is some further work to be done to ensure that we build on the foundation that this deal provides. This is not about wanting to stay close to the EU and its security arrangements just for the sake of it. We are leaving, and our relationship must change. This is about a hard-headed, pragmatic, evidence-based decision on what is the best security interest of the UK.
Mike Gapes (Ilford South) (Lab/Co-op)
Can the Home Secretary confirm that because we will not be participating in the PESCO—permanent structured co-operation—arrangements, we will have no seat in the room, no voice and no vote or veto within any of the foreign policy defence and security arrangements; we will not be in the European Defence Agency; and we will not, unless we have a special arrangement, be in the European Defence Fund? What is the point of that in terms of increasing our security?
Sajid Javid
I would say gently to the hon. Gentleman that of course when we have left the EU we will not be participating as direct members in those kinds of foreign security tools. We will have our own independent foreign and defence policy, and we will have the ability, if we choose, to align ourselves with the EU. He should also remember, and it is worth recalling in this House, that our security is underpinned across Europe by our membership of NATO, not membership of the European Union. Ultimately, I believe that this deal strikes the right balance on security, and we will keep Britain one of the safest countries in the world.
I turn now to the consequences for security of no deal. An unco-operative no deal would have an impact on protecting the public. There will be no implementation period smoothing our transition into these new arrangements. The UK would have to stop using EU security tools and data platforms from March next year. There will be unhelpful implications for our law enforcement agencies and border guards. There would be disruption and they would have less information available to do their jobs, including identifying and arresting people who could threaten the security of some of our citizens. They would have fewer options for pursuing criminals across borders as we would lose the ability to pool our efforts through Europol and Eurojust. It would take longer to track, arrest and bring to justice those who commit crimes internationally. I have established and I chair a weekly Cobra-style planning meeting within the Home Office to plan for this eventuality properly in case it comes about. But no matter how effectively we prepare for no deal, setting aside the capabilities we have developed with our EU partners will of course have some consequences.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
I have been listening to the Home Secretary very intently. He has not really given me the assurance I want on Europol. Can I give him a last chance just to mention Galileo?
Sajid Javid
The hon. Gentleman says that he has been listening very carefully. I doubt that, because I think I have given him and hon. Members an assurance about the security implications of this deal, and what the security situation may look like if there is no deal. It is clear to me: we are lucky to live in one of the safest countries in the world, and with this deal, we will continue to be one of the safest countries. Of course, even if there is no deal, there are some mitigants. There is no perfect mitigant. We will lose certain tools that certainly would have been helpful from a security perspective. But whatever happens, Britain will continue to be one of the safest countries in the world.
Mr Marcus Fysh (Yeovil) (Con)
Is my right hon. Friend aware that one of the problems with the withdrawal agreement, whatever he has said, is that state aid provisions would prevent the Government from subsidising or supporting our defence industries in the same way that the EU can, and as we currently can under the EU treaties? Is that not a serious risk to our national security that the Government have failed to take into account?
Sajid Javid
I have listened to my hon. Friend carefully. So far, in terms of how those EU state aid rules apply to the UK at the moment, and will indeed apply through the implementation period, I have yet to see how that has a detrimental impact on our security apparatus and supply. However, given that he has raised this issue, it is worth looking at it more closely. If he will allow me, I will do so and get back to him.
Wera Hobhouse (Bath) (LD)
Is not the Home Secretary giving us a completely false choice by saying that it is either this deal or no deal, particularly given the decision that we made yesterday in this House that clearly allows us, as a House, to choose different options than just this deal or no deal? Is he not giving us a false choice?
Sajid Javid
No, I am not.
I would now like to turn to the other big issue for the Home Office regarding this deal, which is immigration. Concerns over immigration were a key factor in how people voted in the referendum in 2016. People wanted control over immigration. They wanted future decisions on UK immigration policy to be taken in this country and by this Parliament. That is what this deal delivers. The deal will allow us to create an immigration system that is not constrained by EU laws and that works only in the national interest. Free movement will end. In future, the decision on who comes to the UK will rest with the UK itself, and not with individual migrants. The UK will continue to be an open and welcoming country that attracts the best talent from across the world.
Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
Can I impress on the Home Secretary again the acute problems that there have been in fishing on the west coast of Scotland and, indeed, in Northern Ireland? I do not know how many numerous meetings I have had with various Government Ministers—they come and they go all the time—but will he look at this next year to make sure that it does not happen again? Will he make sure that we are getting crews on boats and that non-European economic area labour is coming in? The problem is going to get worse with the situation we have at the moment. The Home Secretary has this in his gift; it is not Europe that is stopping him. He can lift the pen and this will happen. He will be thanked and appreciated across the west coast of Scotland if he does that.
Sajid Javid
I am always happy to listen to Members. Indeed, I have met many Conservative Scottish Members of this House, who have made that point powerfully. We are listening. The hon. Gentleman refers to current issues, whereas I want to focus in this debate on the future immigration system.
Chuka Umunna (Streatham) (Lab)
The Home Secretary is absolutely right to say that concerns about immigration were at the forefront of many reasons that people cited for voting to leave. Is it not therefore extraordinary that ultimately we do not know what the immigration policy and stance of this country would be after March? It necessarily will be interrelated with the future economic relationship. We have no certainty on that—we do not know what it will be—and he has not published his immigration Bill, so how can anyone know before this vote what they will be getting on immigration in the withdrawal agreement?
Sajid Javid
I agree with the hon. Gentleman that immigration was a big issue in the referendum debate and that the type of immigration system we have in the future will have an impact on our economic performance. I know he will be listening carefully to the rest of the debate, and I will give more information on what that system might look like. We are setting out the broad principles of the new system and will be publishing a White Paper, which will have much more—[Interruption.] We will be publishing a White Paper soon. [Hon. Members: “Soon!”] Yes, we will publish it soon.
Several hon. Members rose—
Sajid Javid
I will give way in a moment.
I know that Opposition Members in particular are very eager for this White Paper. They do not have to wait long. It is worth keeping in mind that when the White Paper is published, that is not the end of the conversation. Like all White Papers, it is essentially the start of a broad consultation that will last for many weeks, where we will speak to many businesses and others, including right hon. and hon. Members. That will be a moment when we can set it out in much more detail.
Mr Nigel Evans (Ribble Valley) (Con)
Speaking as a Brexiteer and somebody who campaigned for Brexit, I know that the most important determinant was sovereignty of this place, part of which was sovereignty to decide our own immigration policy and control our borders. We are not against immigration; we want controlled immigration. Can my right hon. Friend assure us that the immigration policy will be non-discriminatory as far as the world is concerned?
Sajid Javid
I can give my hon. Friend that assurance, and I agree with all the points he made, including the importance of control of our immigration policy.
Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)
The Home Secretary and I both served in the Cabinet of the previous Prime Minister, and he will recall that the previous Prime Minister tried, without success, to get from the European Union a limitation on access to welfare payments for those who have just arrived here. Now we are leaving, and we say we want to take back control. The political declaration is very vague; it talks about social security co-operation. Is it our ambition to ensure that businesses cannot bring people over, pay them very cheap wages and expect them to claim benefits and live in squalid conditions? Will we now rule out access to many of those benefits, which cost a lot of money, for people who come over from the EU?
Sajid Javid
I agree very much with the sentiment of what my right hon. Friend said. I think it is fair to say that once we have left the EU, we will have a lot more flexibility in that area. To return to the previous question, the rules that we apply will be non-discriminatory. The broad intention is to apply the same rules to anyone, regardless of their nationality. It will be focused on an individual’s skills—what they have to offer and the contribution they have to make—and we will not want welfare or any other type of social security payment to be part of someone’s decision to come and work in this country. The White Paper will set out more detail on that.
Yvette Cooper
I thank the Home Secretary for giving way, and I want to put in a word for my fellow member of the Home Affairs Committee, the hon. Member for Moray (Douglas Ross), who is hoping to catch his eye. The Home Secretary told us just eight days ago that the immigration White Paper would “certainly” be published in December. Is that still true?
Sajid Javid
It is certainly still my intention to publish it in December. That has not changed.
Douglas Ross (Moray) (Con)
The Home Secretary said at the Home Affairs Committee that
“the meaningful vote is on the 11th. I hope it”—
the immigration White Paper—
“will come before that”.
That was just last week, yet on Monday he said on the radio that it was “very unlikely” that the White Paper would be published before the vote. What happened in those four or five days to change his mind? Does he think it is acceptable for the House to vote on the withdrawal deal without the information in the White Paper?
Sajid Javid
I will say two things to my hon. Friend, who makes a fair point. First, he asks what has happened. It is worth reminding him and the House that this is the most significant change in our immigration system in 45 years. Rather than rush the White Paper, it is important that we focus on the detail, get it right and get it out as soon as possible. Secondly, of course we should think of our new immigration system as part of our deal as we exit the European Union, but it is also clear that if we have no deal, there will still be a new immigration system. It is worth keeping that in mind.
Several hon. Members rose—
Sajid Javid
I will give way to the hon. and learned Member for Edinburgh South West (Joanna Cherry), who has been very patient.
Joanna Cherry
I just want to disturb the slightly cosy consensus arising between those on the Government Front Bench and some on the Labour Back Benches. The view on immigration in Scotland is different. Voters in Scotland do not want to reduce immigration. Business, the universities, the financial sector, the FinTech sector and the cyber-security sector in my constituency are very keen not to reduce migration to Scotland. Is he aware of that, and will he take that on board in his White Paper?
Sajid Javid
I think the hon. and learned Lady will agree with what I have to say next, which is that immigration has been good for Britain. It has made us a good hub for culture, business and travel, and it has boosted our economy and society in countless ways. That is as true for Scotland as it is for other parts of the United Kingdom. That is why, from the very start of this process, my first priority has been to safeguard the position of more than 3 million EU citizens currently living in the UK and almost 1 million UK nationals living in the EU. The withdrawal agreement guarantees the rights of EU citizens and their family members living in the UK and UK nationals living in the EU.
My message on this has been very clear. EU citizens make a huge contribution to our economy and our way of life. They are our friends, our colleagues and our neighbours, and we need and want them to stay, regardless of whether there is a deal. I can confirm that, even in the event of no deal, EU citizens and their families living here in the UK before we leave will be able to apply to the EU settlement scheme and stay. We will be setting out more details on that shortly.
Chris Bryant
I hope the Home Secretary will also think about the fact that it is not necessarily a win for British citizens to lose the right to travel, study and work elsewhere in the European Union, which has been vital to a whole generation of people in this country. More importantly, he says that he is going to change the immigration system, but is he still going to stick to this ludicrous proposal of getting net migration down to the tens of thousands? Even migration from other parts of the world outside the EU, over which the Government have had full control, runs at more than 200,000 a year. Will he say that they will get rid of that nonsense?
Sajid Javid
The hon. Gentleman mentioned students. I welcome student exchanges, and I want to see more students, whether from the EU or from outside the EU, choosing Britain as a place to study. We have been very clear. When it comes to students, for example, there is no cap on student numbers. In the past year, we have seen a significant increase in student numbers from across the world. That is just the type of country we want to remain—welcoming people, especially students and others, from across the world who want to study here or come here as tourists or those who can contribute skills that we actually need.
Carol Monaghan (Glasgow North West) (SNP)
Of course, we do not just want the students to come here; particularly in Scotland, we want them to stay here and contribute to our economy. Will the Home Secretary look at reinstating the post-study work visa, so that we are not educating young people from across the world simply for them to take their skills elsewhere and feed other countries’ economies?
Sajid Javid
I actually have some sympathy with what the hon. Lady says. Interestingly, a report that I will mention in a moment—the independent Migration Advisory Committee report—talks about looking at some of the post-study work rights, and I am actively doing so. We have to be careful, however, that those post-study work rights do not in themselves become the reason for someone to choose to study in Britain. They must choose to study in Britain because of what our fantastic universities and other educational establishments have to offer. However, it is also sensible, when people choose to study in Britain and take qualifications in the skills needed in our own economy, that we have a sensible approach that allows them to stay and to continue to contribute, if that makes sense for us.
Joanna Cherry
I am struggling to understand what the Home Secretary is saying about post-study work visas. Is he saying that we should not deliberately try to attract talent to the nations of these islands? Is his position that we should not deliberately try to attract talent to the nations of these islands? Is that the Government’s position?
Sajid Javid
That is the complete opposite of what I was saying, so either the hon. and learned Lady misheard me or that is what she would have liked me to say so that she can open it up as some sort of attack line in a press release. That is exactly what I did not say.
Sajid Javid
No. I am happy to make it clear that I welcome students who choose Britain, and I think we should take a fresh look at how we can retain talent, with people who have chosen to study in Britain continuing to work in Britain if that meets our economic needs.
Justine Greening (Putney) (Con)
On the point about universities more broadly, they obviously rely on attracting the best academic talent to teach our students and international students. Will the Home Secretary briefly explain whether his immigration White Paper will make sure that we do not close the doors to that, reflecting on the fact that many of these professionals are not highly paid, and that salaries are often taken to translate to skill levels although in this case—it is the same with the performing arts—that does not hold?
Sajid Javid
My right hon. Friend speaks with a great deal of experience in this area, and she is absolutely right to point that out. Our universities do rely on academic talent, much of which comes from abroad, and that is to be welcomed. We must have an immigration system that continues to allow that, and we must take a careful look at the salary levels she has mentioned.
Dr Sarah Wollaston (Totnes) (Con)
Further to the point made by my right hon. Friend the Member for Putney (Justine Greening), will the Home Secretary commit to looking at the extra costs and the bureaucracy that will fall on our health service and our care sector? As she has said, because of the salary threshold that applies, many of the key staff who enable our health service and care sector to function will fall below that salary threshold, and the extra costs that will fall on the care sector in particular are quite extraordinary. Will he commit to reducing bureaucracy and tackling that cost?
Sajid Javid
Again, a very important point has been raised by one of my colleagues. I absolutely make that commitment. My hon. Friend is quite right to raise it, because we have to recognise that as we move from the current system of freedom of movement, in which there is virtually no bureaucracy to speak of, to a system under which we will require visas for every worker, we must keep an eye on the paperwork and bureaucratic requirements and keep the system as simple and light-touch as possible. That applies not just to larger employers, such as hospitals or NHS trusts, but to the smaller employers that may be looking for skills but perhaps taking only one or two people a year, and we should keep that in our minds as well.
James Heappey
This is not just about doctors and nurses of course; in my constituency, an awful lot of those involved in agriculture and tourism are concerned to ensure that a seasonal workforce continues to be readily available. Will the Home Secretary reassure us that there is a mechanism in his plans to allow that sort of migration so that the needs of those very important industries in Somerset can be met?
Sajid Javid
I can give my hon. Friend that assurance. He will know that we have announced a pilot for the seasonal agricultural workers scheme, which we are starting early next year, working with my right hon. Friend the Secretary of State for Environment, Food and Rural Affairs. The purpose of the pilot is to make sure that we look carefully at how we can continue to meet the needs of that very important sector.
Mr Jim Cunningham (Coventry South) (Lab)
I am sure the Home Secretary realises that 800,000 people in this country work in the automobile industry, and it is therefore very important that we get the specialist labour that facilitates research and development. That involves the universities, and not very much has been said in relation to Brexit about the plight of the universities if it is not handled properly.
Sajid Javid
The hon. Gentleman is quite right to highlight the importance of our automobile industry and the need for skills, particularly in areas such as engineering. I can give an assurance that we will want to make sure that the new immigration system allows for these vital skills where they are needed.
Geraint Davies (Swansea West) (Lab/Co-op)
Will the Home Secretary confirm that in the case of a no deal, there will be an immediate hard border in Northern Ireland to stop the passage of people and products, and that in the event of a deal, people will just be able to fly into Dublin and walk into the UK via Northern Ireland?
Sajid Javid
No one wants a no deal, but I can confirm that in the event of a no deal, the UK Government would not do anything to create a hard border between Northern Ireland and the Republic of Ireland.
Unrestricted immigration has caused some people some concerns. As I have said, I will shortly introduce a White Paper, which will set out proposals for the future immigration system. I understand hon. Members’ frustrations about the timing of the White Paper, but I say again that it is an entirely new system—the most significant change to our immigration rules in 45 years—and we need to take the time to get the details right. We have made it clear that it will be a system based on skills, not on someone’s nationality.
The design of the future system has to be based on evidence about the needs of our economy. This is why we have commissioned the independent Migration Advisory Committee to report on the economic impact of EU workers and to ensure that the new system benefits Britain. In addition, we have been listening and engaging with businesses up and down the country to hear their views, concerns and ideas. I am grateful to all those who have taken the trouble to give us their views and have submitted evidence to the MAC. We have considered that advice, and we will be setting it out and taking it into account when we publish our White Paper.
Our future system will be flexible, so that the trade deals we agree with the EU and with others can allow businesses to provide services and move existing staff between offices in different countries, supporting our dynamic economy. The agreement we have reached with the EU will enable us to do this through visa-free travel for tourists and business travellers, and arrangements for service providers and for researchers and students.
Wera Hobhouse
The Home Secretary has been very generous in giving way. He did not actually answer the question from the hon. Member for Rhondda (Chris Bryant), but is it not time that we stopped demonising immigration and came clean about the fact that immigration is actually dictated by the job market, not by wishful thinking about how much immigration we would actually like? In fact, the figures that have come out showing immigration from the EU is down but immigration from outside the EU is up clearly demonstrate that we need immigration.
Sajid Javid
I feel that I have been very clear on that point. I just said a moment ago that immigration is good for our country and that we need a system that welcomes people and the talent we all want to see in this country. That will help this country, particularly our economy and our needs.
Ruth Cadbury (Brentford and Isleworth) (Lab)
How does the Home Secretary feel that the immigration section of the Home Office will cope in the new regime when it cannot even run an effective, efficient and fair immigration service at the moment? It is already damaging Britain’s reputation overseas in non-EU countries.
Sajid Javid
I am confident that the Home Office can cope with a big change in our approach to immigration. That is not to say that there are not lessons to learn from mistakes that have been made in the past, but it is important to ensure that when things go wrong—they do go wrong; that happens in any large organisation and it has happened under successive Governments—there is independent analysis and the proper lessons are drawn. That is exactly what we are doing in the Home Office. I am confident that with that, and with the talent we have in the Home Office, we can deliver the new immigration system.
Our immigration system must be tailored to support and give preferential treatment to highly skilled workers. Of course, there are sectors and businesses that have come to rely on low-skilled workers and continued access to migrant labour—I understand that—but in controlling migration, we should always look to those in our own workforce first. We will need to work with businesses, so that they can adapt and play their part in increasing the skills of British people. We are also committed to ensuring that our world-class education sector can continue to grow and prosper, with no limit on the number of international students who come here to study.
Catherine West (Hornsey and Wood Green) (Lab)
On work, will the Home Secretary lift the ban on asylum seekers having the right to work?
Sajid Javid
We currently have no plans to change that arrangement, but it is one of the areas I would like to review.
Let me be very clear: the White Paper is intended to be the start of a new conversation on immigration. It is not the last word, but the start of an ongoing dialogue with employers, businesses and others who use our immigration system. The Home Affairs Committee has said we should aim for a greater consensus on immigration; I agree. Basing our policy on evidence and extensive discussion with those affected will help us to achieve that.
We plan to introduce new immigration rules from 2021, after the end of the implementation period. For the first time in over 45 years, the UK will have complete control over its immigration arrangements. We will ensure that we have a system that ends free movement, is fair and fast, and works in the interests of all parts of the UK.
Let me conclude by reminding right hon. and hon. Members that the British people were given a choice and were told that their choice would be honoured. This deal involves taking back control of our money, our borders and our laws, while also protecting jobs, security and our precious Union. For the first time in a generation, we will be able to build an immigration system that is designed in Britain, made in Britain, and serves only our national interest. The deal protects not only EU citizens living in the UK, but UK nationals living in the EU. It also upholds the first duty of any Government: keeping our citizens as safe as possible. I urge hon. Members to join me in supporting it.